23Proceedings for offences

23 Proceedings for offences (2) Despite section 121A of the Local Court (Criminal Procedure) Act 1928, a charge mentioned in section 22 may be heard and determined summarily only if the prosecution elects for it to be so heard.

Misuse of Drugs Act 1990 64 (3) Summary proceedings for an indictable offence against this Act may proceed: (a) if the offence is one that may be heard and determined summarily; and (b) even if 6 months have elapsed from the time when the offence was allegedly committed. (4) If it appears to the Local Court that a charge of an offence against this Act that is being heard summarily ought to be tried by the Supreme Court, the Local Court must discontinue the summary proceedings and continue the proceedings as a preliminary examination under the Local Court (Criminal Procedure) Act 1928. (5) If the Court discontinues the summary proceedings under subsection (4): (a) the plea of the defendant taken at the outset of the summary proceedings must be disregarded; and (b) the evidence already adduced in the proceedings is taken to be evidence in the preliminary examination; and (c) before committing the defendant for trial or sentence, the Local Court Judge must address the defendant in accordance with section 110 of the Local Court (Criminal Procedure) Act 1928. (6) An accused person may be charged (whether on indictment or not) and proceeded against for supplying a dangerous drug notwithstanding that the supply is alleged to be constituted by a number of instances of supply and notwithstanding that different persons are alleged to have been supplied if the different instances of supply are, or form part of, a series of offences of the same or a similar character.